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Home My WebLink AboutProject PacketCITY Of ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 TELEPHONE: 473.7358 Recei Of �'�," .ice � •��► For JE undl Object lPrograml Div. 1 Amount GE:NU.RAL kl.(TIPT 19 '-4r xf/.0 S G . ' l ice/ % . / t � DOLLARS -26'-d G fie - By _.� _. �0 0 g 10 A • F(b)ID 0. 610 ,15� \ E tti site a \ 40 /� \ Q •e ar, tit//V �,� z l 4 �\ 9 d t�\Q k ()I)NE r. �, v� (11V- IfAf 1* eq y) 4 � Lv i � 4, i o�E'`�, `3i1 �p�oc�pJ`I NPVP�0Oo5. �\ � e! wilt`'•: ;,�`` \'' �'� ```e j 55 o. T 7F WINSHWS' `u- c Nd9:hw °s TER COVE AS CASCO - c IL POINT no •0 IG ' • • �,l PART OF WINSNIP'S SUB �0o yy •ss • !,� OF LOT[, 3PRIN0 PARK 26 ♦0 � /�e� ee ,T• fp/� OM �`l s ► .0 20 21 :' v ♦ ZS, y//! :/ ,,gyp Sim • ° iv n •7 /YY�f ,t9 3100 hcl 3200 2000 d as NO CASCO c.41Y d ��`\` g/� •} /e �9T ,A99 \l"� Z Nep � I\ '10 go RUN DATE 02/06/85 • 6ATC'l 005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 e3 0020 • PPOP ADDR 02677 CASCO POINT RD OWNER NAHE ALEXANDER HOLZER ETAL TAXPAYER A HOLZER NAt'E/A.DDR 2677 CASCO PT RD • WAYZATA MN 55391 • 3- 20-117-23 24 0002 PROP ADDR 02660 CASCO POINT PO OWNER NAME V A G BULLEP. TA' -'PAYER VE."NON J BULLER . NAM-c!ADDR 2660 CASCO POINT RD OP.Ot:O MN 55391 1 38 20-117-23 24 0031 PROP ADDR 02635 CASCO PO-NT RD OWNEP NAME MARILYN B THCRNE ET AL TAPAYER MARILYN B THORNE NAME/ADDR 2635 CASCO POINT RD 07ONO MN 55391 38 20-117-23 24 0039 PROP ADDR 02648 CASCO POINT RD OWNER NAME IST TRUST CO OF ST PAUL ET A6 TAXPAYER 0 K WATEROJS TR NAME/ADDR FIRST TRUST CO W-555 FIRST NATL BK BLDG ST PAUL M14 55101 38 20-117-23 23 0021 02665 CASCO PLINT RD BENNETT C DOWNEY A WIFE BENNETT C DO:;HEY 2665 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0029 02649 CASCO POINT RD A W SCHERVEN JR ETAL A W SCHERVEN JR PO BOX 120 NAVARRE MN 55392 38 20-117-23 24 0032 02623 CASCO POINT RD L A C SLY LARRY D A CAROL ANN SLY 2623 CASCO POINT RD WAYZATA t2l 55391 TOTAL BATCH 005 00010 REPORT NO. PI435401 PAGE 9 38 20-117-23 23 0022 02659 CASCO POINT RD KElu1ETH G HARTWELL ETAL KEIZ4ETH G HARTWELL 2659 CASCO PDINT ROAD WAYZATA M11 55391 38 20-117-23 24 0030 02645 CASCO POINT RD NORMA J CHRISTENSEN NORMA J CHP.ISTENSEN 2645 CASCO POINT ROAD WAYZATA MN 55391 38 20-117-23 24 0038 02618 CASCO POINT RD JOYCE A TWEDT JOYCE A TWEDT 2618 CASCO POINT RD UAYZATA MN 55391 I CLRTIFY THAT THL FACTS REPRESENTED ARE AN ACCURATE AND TRUE REF^nESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON ThE ' CORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO BEST OF MY KNOWLEDGE AND BELIEF._ — /% %1-1-"4 ;7 b E: P- Certificate of Survey for Jon Scherven of Lot 138, Spring Park�,i R� Hennepin County, Minnesota 1Nv „ r e•75 tool cone - 45"t sq.N. 140W 11 rterA�vee- •'t �'• D'le Asr/care. .. % ••,% 7S•250 �eaE jart ;_�; �N hordeo•er 45'r. ho.tdce.Ie! ss eo Z �h (I aeKerl Cee�% - �Z.6. 7I• 1 hereby certify that this is a true of a survey of the boundaries of Lot the recorded plat thereof on file or of deet;s in and for Hennepin County, thereon. It does not purport to show Scale: 1 inch = 30 feet Date October1.2, 1984 • Iron marker found u Iron marker set e ,r""r►J 'M J o 1% y o.r rwd /• sod ?-�� •SS . jar' j ` '• , �: O WM 9e SCE r ''•: correct representation �,.Spring Park, according to record in the office of the Register, the location c!• all buildings, if an_ other improvements or encroachments. GORDON H. COFFIN CO., INC. Mark S. Gronbierp. Reg. "No. 12755 Gor•doti 11. Puffin Reg. No. 6064 Engineers and Land Surveyors Long Lake. Minnesota cti Q� QF1-4cVe At L 91 je CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Teri Naab, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of Zoning File #908 Jon Scherven, 2649 Casco Point Road - variance for average lakeshore setback has been mailed to the attached property owners list. In Witness Whereof, I have hereunto set my hand and seal this 28th day of March 1985. Teri L. Naa ecretary i CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, April 15, 1985 on the matter of the following land use applications: 1. #903 Ward Ferrell, 3405 Watertown Road - Interpretation of zoning code involving the buildability of substandard commonly owned lots in the RR-lB unsewered zoning district. 2. #905 Dennis Thompson, 250 Old Crystal Bay Road - Conditional Use Permit for a guest apartment in principal structure. 3. #907 James Bigham, 1545 Long Lake Boulevard - Variances for lakeshore setback and hardcover. 4. #908 Jon Scherven, 2649 Casco Point Road - Variance for average lakeshore setback. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Michael P. Gaffr Assistant Zoning Administrator To be published the week of April 1, 1985 CITE MNO NOTICE The Planning Commission will hold a Public Hearing in the Ccxincil Cnambeis at 1275 Soulh Brown Road on Monday. April 15. 1965 on the matter of the following land use applications Affidavit of Publication 1 No 903 Ward Ferrell. 3405 Watertown load —Interpretation of zoning code involving State of Minnesota. County of Hennepin the burldablity of substandard commonly own ad lots in the RR- 16 unsewered zoning district 2. No. 905 Dennis Thompson 250 Old Bill Holm, being duly sworn. on oath says that he is Crystal Bay Road —Condit onal Use Permit for an authorized agent and employee of the putfisher a guest spartmenl in principal structure of the newspaper known as THE LAKER, Mound, Min- a No 907 James Bigham 1545 Long Lake nesota, and has full knowledge of the facts which are 9oulevard—Variances for lakeshore setback stated below. and hardcover 4. NC_DJWJon Scherven 2649 Casco Pc nl Roapg,qldariancefor average lakeShoreSetback A.) The newspaper has complied with all the re - All persons wishing tobeheard villappear at quirements constituting qualifications as a qualified thistrme Written comments are solicited Plans newspaper, as provided by Minnesota Statute are available for review in the City offices 331A.02, 331 A 07, and other applicable laws, as City of Orono amended. By Planning Commission Michael P Cmilfron B.) The printed Assistant Zoning Administrator iPubkshed in The Laker April 2 1965) which is attached was cut from the columns of said newspaper, and as printed and published once each week for 7 successive weeks: It was first published Tuesday, the day of�� L__—. 19 and was thereafter printed and published every Tuesday, to and including Tuesday, the day of , 19 Y 011 Authorized Agent Subscribed and sil to me on this IS �u day cf __.___.._._._ , 19_„ /i Notary . Public Rate Information (1) Lowest classified rate paid by commercial users for comparable space. $6 90 per inch (2) Minimum rate allowed by law for above matter $4 13 per inch (3) Rate actually charged for above matter $4 13 per inch Each additional successive week $2 75 per inch MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 7 #903 FERRELL Councilmember L. Adams gave his opinion should the applicant apply for a variance, he would be willing to consider a total of two lots. Councilmember L. Adams moved, Councilmember T. Adams seconded, to affirm the staf f ' s interpretation of the zoning code. Motion, Ayes (3), Nays (0). Q90 i #924 JON SCHERVEN 2 CASCO POINT RD (#908) VARIANCE — RESOLUTION (#924) CONDITIONAL USE PERMIT — RESOLUTION Jon Scherven was present with his father A.W. Scherven. Assistant Zoning Administrator Gaffron stated that the applicant proposes to build a two s�ory addition over the existing concrete slab and deck on the lake side of his parents home. Gaffron noted that the applicant proposes hardcover tradeof f s , and that the proposed deck does extend into the 75' setback zone. Gaffron stated that the conditional use permit is required because the applicant is requesting to use the basement as a guest apartment for his parents who are retiring. Gaffron noted that applicant does propose a kitchen in the basement but has agreed that the second dwelling unit would never be rented out. Gaffron noted the Planning Commission did approve the application subject to the following regarding the guest apartment use: 1) apartmer` r -e of family members only; 2) apartment use may not be con%'eto a purchaser; 3 ) guest apartment may not be rented out a i (I s 3ch to be conf irmed by staf f yearly; 4 ) use is subject to City review at end of four years. Acting Mayor Frahm asked if a separate entrance is proposed for the guest apartment use. Assistant Zonina Administrator Gaffron noted that the main entrance would Jbe used, but that once inside the main entrance, a door leading to the basement and a door le --ding to the upstairs is proposed. Zoning Administrator Mabusth explained that the Council did recently approve the Beck conditional use permit which is similar to this application. Councilmember L. Adams felt that the lot is really too small to support another dwelling unit. Jon Scherven explained that his parents have tried to sell the home and have not been able to. Scherven stated that he has of fered to buy the h,)me, remodel it, and then they would be able to live in the basement. Scherven confirmed that he will agree to any stipulations the Council wishes to place on the guest apartment use. MINUTES OF TBE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 8 #908 & #924 SCHERVENCouncilmemberFrahm noted his concern for the future when the Schervens move out and the f uture owner may try to rent out the apartment. Frahm noted it is hard for staff to police such a use. Jon Scherven responded that the neighborhood would probably police itself. Councilmember L. Adams suggested a compromise with one kitchen. Jon Scherven noted that one kitchen would be very inconvenient for all living there. City Attorney noted that the resolution could be written in a manner in which the parents would have no vested rights. Councilmember Frahm stated that the entrance to the home should appear as any other single family residence. Frahm stated that the two doors inside the main entrance should be eliminated so that it does not seem that there are two dwelling units. Frahm noted that he has a problem with the deck extending into the 0-75' lakeshore setback zone. Councilmember L. Adams suggested an alternate plan to give the entrance a more open view and appear as one single family residence. Jon Scherven noted that with this plan it would not be very energy efficient with one door in the winter time. Councilmember L. Adams noted that the current proposal is a potential duplex plan. Council suggested tabling the application to allow the applicant time to redesign his plan. Jon Scherven explained that he is trying to sell his home in Mound and has a purchaser ready to buy if this application is approved. Scherven stated that tie isn't sure if the purchaser will wait for two weeks for an answer. Councilmember Frahm moved, Councilmember L. Adams seconded, to conceptually approve the conditional use permit and variance application but to table application until June 10, 1985, and further directs staff to redraft resolution and applicant to redesign and submit his plan reflecting the following: 1. Deck and steps to remain outside of the 0-75' setback zone and not to extend beyond ttie side boundaries of the home. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 9 2. Council will grant Conditional Use Permit for a guest apartment use if applicant redesigns proposal to eliminate door; and walls separating the basen;ant and upstairs to give the entrance an open appearance. Motion, Ayes (3), Nays (0). #921 CHUCK VAN EECKHOUT 2135 SALEM COURT VARIANCE RESOLUTION Chuck Van Eeckhout was present. Assistant Zoning Administrator Gaffron noted that Van Eeckhout seeks a setback variance as a result of the new home being incorrectly placed too close to the lot line. Gaffron noted that either a lot line rearrangement or variance application was needed. Van Eeckhout noted that the proposed home next door will be placed further from the lot line so as not to create crowding. Van Eeckhout stated that he will retain an easement over Lot 3 in favor of Lot 4. Council suggested that staff incorporate this easement requirement into the resolution. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to conceptually approve variance application subject to staff redrafting resolution to reflect the easement condition as discussed. Motion, Ayes (3), Nays (0). Van Eeckhout asked if he could continue with the home until the resolution is adopted. Council agreed to let the builder continue on the home. STATUS REPORT 3399 CRYSTAL BAY ROAD* ON CONSENT AGENDA BUT DISCUSSION WAS HELD Jerry Wheeler and Sandra George of 3399 Crystal Bay Road were present. City Administrator Bernhardson noted that this item was on the consent agenda for Counci l' s information but noted that Jerry Wheeler was in the audience and asked Wheeler if he would like to address the Council. Jerry Wheeler stated that he would like to address the Council about the complaint against him. Wheeler explained that when he moved on the property he agreed to the variance conditions in good faith with every intent on following through with the condition to removing the hardcover. Wheeler noted that he did remove half of the hardcover. Wheeler noted that when they were installing the basement problems began with flooding in the basement. Wheeler 5061 814 City of ORONO * ;.", A29� RESOLUTION OF THE CITY COUNCIL NO. 1773 TRANSM !NJE7 7" -D A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE C,CAJNTr MINN. SECTION 10.22, S IVISION 1 , P FILE 90 WHEREAS, Jon Scherven (hereinafter "the applicant") has an interest in the property located at 2649 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 138, Spring Park (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an addition to his existing house, which addition will encroach 8 feet into the required average lakeshore setback area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #908. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 15, 1985, and recommended approval of the proposed variances based upon the following findings: A) Applicant has agreed to remove 190 square feet of hardcover in the 75-250' setback zone, which is an equivalent amount of hardcover to the portions of deck proposed in the 75'-250' setback zone. B) The proposed addition wi 1 1 be placed over an area of existing hardcover in the 75'-250' setback zone. C) There will be no net increase of hardcover in the 75'-250' setback zone. Existing and proposed hardcover in the 75'-250' zone is 3186 square feet or 44%. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1773 D) The portions of deck originally proposed to be constructed in the 0-75' setback zone comprise 98 square feet on 2.2% hardcover. Applicant has no addi- tional existing hardcover in the 0-75' or 75'-250' setback zone which can be feasibly removed to offset this 98 square feet. The applicant has subsequently revised his plans so that no portion of the deck will extend into the 0-75' lakeshore setback zone or past the extended side lines of the existing house. E) Hardships to the property are the locations of the existing house and the neighboring houses in relation to the Lakeshore, and the small existing lot size (11,800 square feet). F) The adjacent property owners have expressed approval of the proposed plans, and find that no views will be encroached upon by this addition. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighbcring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an addition to his existing house, which addition will encroach 8 feet into the required average setback area, with an open entryway per the attached plans (Exhibit A), subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. i;1s he applicant shall remove hardcover concurrently with addition, as follows: Concrete slab Sidewalk blocks adjacent to Portions of paved driveway 190 square feet of existing the construction of the garage apron Total - 36 square feet - 70 square feet - 84 square feet ---------------- 190 square feet 2. This approval is based upon the revised plans submitted by the applicant indicating an open entry way withou+ separate entry doors for each floor level, and deck nct extending into the 0-75' setback zone nor extending outside the existing side line; of the house. 3. The applicant is advised that the City will not approve any future improvements that result in additional hardcover and that if such improvements are proposed that they be counter -balanced with the removal of existing hardcover. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 10, 1986). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and here- by agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted,by the Orono City Council on this 10th day of June, 1985. ATTEST: 1 Mary C. Butler, Mayor Tom Frahm, Act inch Mayor pouse age 3 of 4 Spouse City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 1773 On this _1��4-t- day of 11 1985 before me a Notary Public within and for said county, personally appeared - Z,y , �;c ++CRyc--tj , _1 -- • known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. I•...++�� G FA FRO; CNAEL �/11NNES� A ARy rus►JO - -T'i FIENNLPIN CCU'...• commisslcnExPiras; , STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) e NOTARY PUBLIC 1 / 1£--7 MY COMMISSION EXPIRES On this G /"Q day of i7)e1: 1985, before me a Notary Public within and for said County, personally appeared N SCI�>1l7�-1 known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. / }A (•►lH.s.N�NOI.+NNIs�Np rI10IArA1'01 � i.- �, MICHAEL P. GAFFnCN NOTARY PUBLIC L NOTARY PUCUC - M7NNE-, , �to % f � HENNEPIN COL'•'Ty �1••• my CommissIGI En"res . MY COMMISSION EXPIRES Page 4 of 4 — —1 WITHIN 2F6 FT..OF AI`JY wE=TLANDS :PERMITS, ,'.ti r: f';U)!_jlRf;^ r-OR two 1-4 > - SUCKS. SDI ;.1 ��l_�.!�. ,;,c�I; � O-- 4J >,1 73 41 IRE PLA E. a o i E 0 COMBUS ABLES REDUIRED. T MORTAR R OUIRED WITH NO CHIMNtY LINER. NOW A , IRE B - fa sVST BO)L - ,, - , M EACH SI ,F �1 E . • C.x_7 Q i � t., }.} .• '- y - }"ICE' r r' , � ! , E MI► �' ` Us �l All, iVAAOA _ Ell - R ra! Res AWL FT rj SMOKE DETECTOR X STATE 01 MINNESOTA ) COUNTY OF NENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ June 10 , 19 85 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my head and seal this 2nd day of December 1985 D othy M. allin, dity Clerk (SEAL) + This document is being recor•'ed for the benefit of the City of Orono per Minnesota Statutes 386.77 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 5 Wheeler stated that he would like the same consideration. Wheeler stated that if the City doesn't feel they want to follow up cn his complaint, then he wants the same consideration. Acting Mayor Frahm explained that the subject neighborhood has forced the City in a very precarious position legally. Frahm noted that the City is forced to do things by the book and that the City is past the point in trying to reason with the neighbors. Frahm stated that any complaint that Wheeler has filed, staff should follow up on and require a variance or citation if there is violations. Frahm noted that if Wheeler wishes to keep the hardcover. he will have to apply for a variance to the original variance. City Administrator Bernhardson noted that staff will report back to Council regarding Wheeler's complaint against his neighbors in two weeks (June 24, 1985). Jerry Wheeler submitted two pictures of his neighbors that have their own parking pads and utilize them. Wheeler noted that he is .nxious to solve the complaint. Wheeler noted that the City was so prompt to act when a complaint came in against him, but took so long to act on his complaint against his neighbor. Wheeler stated that he has been asked by the City to get an engineer's opinion regarding the hardcover and formally requested the City make the same request of his neighbor. ADDITIONAL PUBLIC COMMENTS Sandy Sandgren of 1215 Arbor Street stated that recently the City had much controversy over a fence on Stubbs Bay blocking the lakeshore. Sandgren stated that the same situation has developed over at the end of Spates Avenue and Shoreline Drive. Sandqren stated that the fence blocks the view of the lakeshore ,.and the Hennepin County road signs. Sandgren noted that kids are writing obscene words on the fence. Acting Mayor Frahm stated that the fence ordinance issue is on the agenda later in the evening. Frahm stated that staff is aware of the problem and has investigated into the matter. Frahm noted that the fence will be discussed later tonight. 908 i #924 JON SC;HERVEN 2 V"CASCO POINT ROAD VARIANCE i CONDITIONAL USE PERMIT RESOLUTION #1773 - VARIANCE APPROVAL RESOLUTION #1774 - CONDITIONAL USE APPROVAL Jon Scherver: and A.W. Scherven of 2.649 Casco Point Road were present. Assistant Zoning Administrator Gaf f ror, explained that applicant has revised plans according to Council's direction. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE G Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1773, A Resolution approving a variance per revised plans showing no encroachment into the 0-75' setback zone, subject to the drawings to be attached to the resolution. Motion, Ayes (4), Nays (0). Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1774, A Resolution approving a conditional use permit to allow a guest apartment use per revised plans showing. an open appearance i the entrance of the home, subject to the drawings to be attached to the resolution. Motion, Ayes (4), Nays (0). #910 JAMES HOFF 2056 SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION James Hoff was present. Neighbor Neil Blesi of 2064 ShaC ywood Road was also present. Assistant' Zoning Administrator Gaffron explained that the applicant requests permission to regrade his lakeshore yard to better conform with his neighbors and create easier maintenance of the yard. Gaffron noted that the original plans did not reflect the applicant's intent and the applicant has revised the plans to show the contours to bEtLer match his surrounding neighbors. Gaffron stated that the applicant intends to cut down one of the retaining walls that is in disrepair. Gaffron noted that the grading would extend within 10' of the lakeshore. James Hoff stated that he has tried to mow the yard and it is too difficult with the steep slope. Hoff noted that he has turned over mowers trying to maintain his yard. Acting Mayor Frahm asked what the hardships were to justify granting of this conditional use permit. Assistant Zoning Administrator Gaffron did note that there is definitely a safety factor in trying to maintain the yard. Gaffron reported that according to the neighbor the grade was originally what is proposed now and that the previous owner filled in the area. Gaffron noted that the City Engineer's review of the original plan revealed that it would not help infiltration and may not be benef4cial from an infiltration standpoint. Gaffron noted that during a rainfall or snowmelt period, the runoff is slowed at the upper plateau where some infiltration occurs, but whate- ^r hits the steep slope has a high runoff rate. Gaffron explained that with this regrading proposal there would be a gradual slope which might slow the runoff to the lakehone but might also reduce infiltration. Neil Blesi of 2064 Shadywood Road noted that he is in favor of the application and that the lot would look better. CITYof ORONO Post Offim Box 66•Crystal Bay, Minnesota 5532.3*Municipal Otlloss On the North Shore of Lake Minnetonka November 26, 1985 Jon Scherven 2649 Casco Point Road Wayzata, MN 55391 Re: Resolutions approving variances and conditional use permit. Dear Jon: In order for the City Attorney to file the resolutions approving your variance and conditional use permit in the chain of title, we need your signature on the original resolutions. Please stop in the office ( Monday thru Friday, 8: 00 to 4: 30 ) to sign the resolutions. If this is inconvenient, perhaps we can make other arrangements. Sincerely, f Michael P. Gaffron, Assistant Zoning Administrator BUILDING do ZONING — 473.7357 • ADMINISTRATION i FINANUF - 473-7358 a PUBLIC WORKS — 473-7359 ASSESSING POPHAM. HAIK.SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS. MINNESOTA 55402 TELEPHONC AND TELECCPICP 612 -333 -4800 WAYNE G.POPMAI4 JAMES B.LO �KHART ROPERT H. LYNN TIMOT-1 W. KUCK ROGER W. SCHNC BRICH ALLEN W. HINDERAKER ROSCRT C. MOILANEN JULIE A. SWEITZER DEN% LAR KAUFMAN CLIFFORD M. GREENE THOMAS F. NELSON THOMAS C.MIELENHAU5EN DAVID S. DO-Y D.WILLIAM KAUFMAN THOMAS J. PA010 KATHLEEN A.SLATZ ROBERT A.MINISH MICHAEL O.FREEMAN DAVID L.HASHMALL MICHAEL C.CHRISTENSON ROLFE A.WORDEN HOWARD SAM MYERS.M KATHLEEN M. MARTIN J.MICHAEL SCHWART2 O.MARC WHITEHEAD THOMAS C.D'AOUILA JOHN C.CHI1.09 LARAYE M.OSSOPNE BRUCE D. WILL15 LARRY D. ESPEL DOUGLAS P. SEATON MARK F. PALMA FREDERICK S. RICHARDS JANIE S.MAYERON THOMAS E.SANNER BONNIE G.RL':i NICK G. ROBERT JOHNSON THOMAS J. BARRETT BRUCE S. MCPHEETERS RUSSELL S.PONESSA GARY R.MMCOMBCR JAMES A. PAYNE GAT►Y D. BLACKFORD SPYAN L.CRAWFORD ROSERT S. BURK DAVID A. JONES SCOTT E RICHTER DAVID K.RYDEN HUGN V. PLUNKETT,M LEE E SHEEHY GREGORY L %VILMES OWEN E.HERRNSTAOT FREDERICK C.BROWN ALAIN FRECON ELIZABETH A. THOMPSON MATTHEW E.DAMON THOMAS K. BE RO LESLIE GILLETTE KEITH J. HALLELANO OF COUNSCL JAMES R.STEILEN MICHAEL T. NILAN MARK B.PETERSON FRED L. MORN -SON December 19, 19�5-r Mr. Mike Gaffron City of Orono Pox 66 Crsytal Bay, MN 55323 Re: Filed Resolutions Dear Mike: 1240 AMHOIST TOWER 345 ST. PETER STREET SAINT PAUL.MINNESOTA 55102 TELEPHONE 612-333-4878 SUITE 2400 1200 SEVENTEENTH STREET DENVCR, COLOIIADO 00202 TELEPHONE 303-693-1?J0 TELECOPIEP 1103-683-2194 SUITE 300 SOLITH IBOO M STREET. N.W. WASHINGTON. D. C. 20036 TELEPHONE 12021 020-5300 TE�LE-COPIER 12021 620-5310 DEC 2 3 V* � AI Enclosed please find an update of documents which have been filed with the County relating to variances, subdivisions and conditional use permits. Resolution Document No. Date Filed No 1783 (Fleishacker) 1663428 August 6, 1985 No. 1776 and Drainage Esmt. 5030512 and September 10, 1985 (Schultze) 5030513 No. 1824 (Nash) 5030515 September 10, 1985 No. 1882 (McWilliams) 5060236 December 9, 1985 No. 1773 (S rven) �1fl 5061874 December 13, 1985 No. 1847 (Coo ) 1690068 December 6, 1985 No. 1880 (Kaley) 5061876 December 13, 1985 No. 1873 (Hoff) 5063170 December 18, 1985